People v. Williams

Defendant and Ernest Melvin Wilkerson were jointly charged with two counts of fyurglary, in violation of section 459 of the Penal Code, and with two counts of arson, in violation of section 448a of the Penal Code. The information was later amended to allege a prior felony conviction against defendant (Health & Saf. Code, § 11910). One count of burglary and one count of arson were later dismissed.

Defendant’s motion pursuant to Penal Code section 995 was denied; he pled not guilty. The jury found defendant guilty of burglary as charged in count I of the. information (determined to be second degree), and guilty of arson as charged in count III of the information.

Defendant’s motions for a new trial and probation were denied. He was sentenced to state prison for the term prescribed by law on both counts, the sentences to run concurrently. He has appealed. We Vacate the sentence on the burglary count and affirm the judgment on the arson count.

On the evening of September 14, 1969, Clarence Johns was employed as a custodian at Carver Junior High School in Los Angeles. Part of his duties included locking the administration building and the auditorium building at the school.…